Sri M Narayanaswamy vs State Of Karnataka
2022 Latest Caselaw 757 Kant

                            1




     IN THE HIGH COURT OF KARNATAKA AT BENGALURU

        DATED THIS THE 17TH DAY OF JANUARY, 2022

                         BEFORE

           THE HON' BLE MR.JUSTICE R DEVDAS

        WRIT PETITION NO.14680 OF 2021 (LR)

BETWEEN

SRI M. NARAYANASWAMY
S/O LATE D MUNI VENKATAPPA
AGED ABOUT 49 YEARS
R/AT GEJAGADHALLI VILALGE
MADURE HOBLI, DODDABALLAPURA TALUK
BENGALURU RURAL DIST PIN-561203          ... PETITIONER

      (BY SRI MURALI.M, ADVOCATE)

AND

1.    STATE OF KARNATAKA
      REVENUE DEPARTMENT
      VIDHANA SOUDHA, DR. AMBEDKAR VEEDHI
      BENGALURU-560001, REPRESENTED BY ITS
      PRINCIPAL SECRETARY

2.    THE ASSISTANT COMMISSIONER
      DODDABALLAPUR SUB-DIVISION
      DODDABALLAPURA PIN 561203

3.    THE TAHASILDAR
      DODDABALLAPURA TALUK
      DODDABALLAPURA PIN- 561203         ...RESPONDENTS

      (BY SRI R.SRINIVAS GOWDA, AGA FOR R1-R3)
                                     2




     THIS WRIT PETITION IS FILED UNDER ARTICLES 226 &
227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE
ORDER PASSED BY R-2 DTD.31.8.2018 PASSED IN LFR.SR(D)
NO.43/2011-12 VIDE ANNEXURE-A BY ALLOWING THE ABOVE
W.P. AND CONSEQUENTLY DIRECT THE R-3 TO RESTORE THE
REVENUE ENTRIES IN THE NAME OF PETITIONER AND ETC.,


     THIS WRIT PETITION COMING ON FOR ORDERS, THIS
DAY, THE COURT MADE THE FOLLOWING:

                                 ORDER

R.DEVDAS J., (ORAL):

The petitioner is aggrieved by the order dated

31.08.2018 passed by the Assistant Commissioner,

Doddaballapur Sub-Division, Doddaballapur, under the

provisions of Section 83 for violation of the provisions in

Section 79-A and 79-B of the Karnataka Land Reforms Act,

1961.

2. Learned Counsel for the petitioner submits that this

is a case where the impugned order of forfeiture has been

passed by the Assistant Commissioner without notice to the

petitioner. It is further submitted that under similar

circumstances, a co-ordinate Bench of this Court in

W.P.No.7821/2021 has passed an order dated 16.08.2021

remanding the matter back to the Assistant Commissioner

for fresh consideration after affording an opportunity of

hearing to the aggrieved person.

3. Learned AGA points out from the impugned order

that notice was indeed issued to the petitioner and in spite

of notice having been issued, the petitioner did not appear

before the Assistant Commissioner.

4. Having considered the submission of the learned

Counsels and on perusing the judgment of the co-ordinate

Bench in W.P.No.7821/2021, this Court finds that facts and

circumstances in both these matters are quite similar and

therefore, the benefit of the decision of the co-ordinate

bench should also enure to the petitioner herein.

5. Consequently, the impugned order dated

31.08.2018 passed in LRF:SR (D) No.43/2011-12 is hereby

quashed and set aside. The matter is remitted back to the

second respondent-Assistant Commissioner to consider the

case of the petitioner including the consequences of the

subsequent amendment brought to the provisions of

Sections 79-A and 78-B of the Karnataka Land Reforms Act

in Karnataka Amendment No.56 of 2020.

6. The petitioner shall appear before the first

respondent-Assistant Commissioner on 1st February,

2022, without waiting for further notice from the Assistant

Commissioner.

7. If revenue entries have been altered pursuant to

the impugned order dated 31.08.2018, the same shall be

restored in favour of the petitioner.

Ordered accordingly.

Sd/-

JUDGE

KLY